My question involves a child custody case from the State of: Texas
Hello,
I have been a single father since my daughter was 8 months. Her mother kept her at times but only I have provided financially for my daughter. I had her in Florida and I did sign the acknowledgment of Paternity when she was born which makes me her legal father.
I moved to Texas when my daughter was 6. My daughter's mother moved down to texas a year later with her older daughter to be closer to our daughter. 10 months ago my daughters mother wanted for our daughter to live with her and for me to pay her child support. She filed false allegations with Cps that were ruled out and filed for child support with the AG's Office. So a retained an attorney and won temporary orders and child support.
Her mother is now saying my daughter is not mine and is asking for a paternity test to determine paternity.
My question is can she do this after 11 years even after during the temporary hearing she told the judge I was the father and was not contesting the paternity.
Sec. 160.308. CHALLENGE AFTER EXPIRATION OF PERIOD FOR RESCISSION. (a) After the period for rescission under Section 160.307 has expired, a signatory of an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only on the basis of fraud, duress, or material mistake of fact. The proceeding may be commenced at any time before the issuance of an order affecting the child identified in the acknowledgment or denial, including an order relating to support of the child.
Is it too late for her to challenge the acknowledgment of Paternity since she did not challenge it before she was ordered support of the child. She did not challenge paternity during temporary but now says my daughter is not mine after 11 years. I do not want to take the chance of her being right.
Hello,
I have been a single father since my daughter was 8 months. Her mother kept her at times but only I have provided financially for my daughter. I had her in Florida and I did sign the acknowledgment of Paternity when she was born which makes me her legal father.
I moved to Texas when my daughter was 6. My daughter's mother moved down to texas a year later with her older daughter to be closer to our daughter. 10 months ago my daughters mother wanted for our daughter to live with her and for me to pay her child support. She filed false allegations with Cps that were ruled out and filed for child support with the AG's Office. So a retained an attorney and won temporary orders and child support.
Her mother is now saying my daughter is not mine and is asking for a paternity test to determine paternity.
My question is can she do this after 11 years even after during the temporary hearing she told the judge I was the father and was not contesting the paternity.
Sec. 160.308. CHALLENGE AFTER EXPIRATION OF PERIOD FOR RESCISSION. (a) After the period for rescission under Section 160.307 has expired, a signatory of an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only on the basis of fraud, duress, or material mistake of fact. The proceeding may be commenced at any time before the issuance of an order affecting the child identified in the acknowledgment or denial, including an order relating to support of the child.
Is it too late for her to challenge the acknowledgment of Paternity since she did not challenge it before she was ordered support of the child. She did not challenge paternity during temporary but now says my daughter is not mine after 11 years. I do not want to take the chance of her being right.
Custody and Visitation Issues: Acknowledged Father of 11 Years Mother Now Says I'm Not the Father
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